2016-04-06_REVISION - M1987113 ‎(3)‎

• Permit No: M1987113
• IBM Index Class Name: Revision
• Doc Date: 4/6/2016
• Doc Name: Request TR03
• From: Bestway Concrete, Inc.
• To: DRMS
• Type & Sequence: TR3
• Email Name: MAC
• Email Name: WHE
• Media Type: D
• Archive: No

in Exhibit B attached hereto, hereinafter referred to as the
"Easement Area" and such relocation of the McKay Ditch and
Upper Church Ditch shall replace the existing irrigation canals for
both ditches; and
2.6 Contractor shall construct the replacement and combined McKay
Ditch and Upper Church Ditch in the Easement Area, hereinafter
referred to as the "Combined McKay/Church Ditch", provided such
Combined McKay/Church Ditch is constructed and maintained in
the manner shown on the Plans for Relocation and Improvement to
the Church and McKay Ditches attached hereto as Exhibit C,
including, as described for the surge pool and new ditch,
excavation, filling, compacting, grading, berming, and laying
cement; and
2.7 The Property, including the Easement Area is owned by the United
States of America as are the surrounding properties; and
2.8 The United States by and through its Department of Energy, has
executed a letter to acknowledge and consent to the relocation of
the McKay and Upper Church Ditches as contemplated by this
Agreement, which letter has been recorded in the records of the
Jefferson County Clerk and Recorder at Reception No.
2013077041 and is attached hereto as Exhibit D. In Exhibit D, the
DOE acknowledges, and Contractor hereby agrees, that the City
has valid existing and historical prescriptive ditch easements for the
Upper Church Ditch and the McKay Ditch. In Exhibit D the DOE
consents to the proposed relocation and combination of the McKay
and Upper Church Ditches and to the relocation of the valid existing
and historical prescriptive ditch easements of the City to the new
location in the Easement Area, as contemplated by this
Agreement; and
2.9 The City agrees to the Combined McKay/Church Ditch in the
Easement Area, subject to the terms and conditions of this
Agreement, and upon completion of Combined McKay/Church
Ditch relocation improvements and acceptance by the City, the City
shall release its existing prescriptive ditch easements for the
portions of the McKay and Upper Church Ditches that currently
traverse the Property and are replaced by the Combined
McKay/Church Ditch.
3.0 TERMS AND CONDITIONS. In consideration of the mutual
covenants and promises of the Parties contained herein, and other valuable
consideration, the receipt and adequacy of which are hereby acknowledged, the
Parties agree as follows:
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